✦ High Court of India · 01 Apr 2025

High Court · 2025

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
Not available
Length
1,085 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanappropriateWrit,OrderorDirectionmoreparticularlyonein thenatureofWR|ToFMANDAMUSdeclaringtheactionofthe2ndand3rd Respondents in directing the 4th and 5th Respondents vide Memo No' G21540212016. Endt.No G/2403/201 9 dated Og 12'2019' Lr' No ROR-l/1 14012019 dated 05.12.2019 and Letter No.314/SPLDil.R./Al/2019-1 dated 06 1120',l9 to include the Petitioner's property i.e. Plot No.51 (Residential Zone) in forming part of Survey Nos.586 admeasuring an extent of 240 sq'yards or equivalent to 200'64 sq.mtrs covered under the HMDA layout situated at London Town' Bhongiri Town andMandal,Yadadri-BhongirDistrictinProhibitoryListpreparedunderSec.22-A (1) (e) of The Registration Act 1908 as illegal, arbitrary' against the law' contrary totheprovisionsoftheRegistrationAct,,lgOsandviolationofArticlel4,,l9and 300-4 of the constitution of lndia and also violation of the principles of natural justice. consequently drrect the 5th Respondent to receive, register, process and release the documents presented by the Petitioner in respect of open Plot No.51 in forming part of Survey Nos.586 admeasuring an extent of 240 sq yards or equivalent to 200.64 sq.mtrs covered under the HMDA layout situated at London Town, Bhongiri Town and tvlandal, Yadadri-Bhongir District without reference to said impugned lV]emo No G2t540212016, Endt No G/2403/2019 dated Og.12.2019, Lr No ROR-|/1 14Ot2O1g dated O5-12 2015' Letter No 314/SPL.DtlR.lA1t2O19 1 dated 06 11.2019 and Prohibitory List lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dilect the Respondent No.5 to receive, register, process and release the documents presented by the petitioner in respect of Open Plot No.51 in forming part of Survey Nos.586 admeasuring an extent of 240 sq.yards or equivalent to 200.64 sq.mtrs covered under the HMDA layout situated at London Town, Bhongiri Town and Mandal. Yadadri-Bhongir District without reference to said impugned Memo No G2l54OZt2O16. Endt.No.G/2403/2019 dated 09 12.2019' Lr No. ROR- 1t114012019 dated 05.'12 2019, Letter No 314/SPL Dll.R.lA1l2O19-1 dated 06 '1 1.2019 and Prohibitory List pending disposal of the Writ Petition Counsel for the Petitioner: SRl. N. BHUJANGA RAO Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER Pq.ge l of 4 SI(,J WP No.2488 2025 THE HON'BLE SRI JUSTICE I(.SARATII WRIT PETITION No.2488 OF 2o25 ORDER:

1. Heard learned counsel for the petitioner and the Learned Assistant Government Pleader for Stamps and Registration appearing for respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. Ttris writ petition is filed to declare the inaction of Respondent Nos.2 and 3 in directing respondent Nos.4 and 5 vide Memo No.G2l5402/2016, Endt.No.G / 2403 / 2019 dated 09.'1,2.2019 Letter No. ROR- I / 7 14O / 20 19 dated 05 .12 .2O 19 and Letter No.314lSpl.D/ I.R/Al /201,9-1 dated 06. 1 1.2O19 to include the petitioner's property i.e., Plot No.51 (Residential Zone) 1n forrning part of Sy.Nos.586 admeasuring arr extent of 24O sq.yds., covered under HMDA layout situated at London Town, Bhongiri Town and Mandal, Yadadri-Btrongiri SK,J WP No.2488 2025 District in prohibitory list prepared under Section 22(A)(1)(e) of the Registration Act, 19O8 as illegal, arbitrary an(l contrary to the provisions of Section 22-A of Registration Act, 1908 and consequently direct the Respondent No.5 to receive, r'ogister and release the clocuments presented by the petitioner in respect of the above said land. J The learned Cor-rnsel for the petition.ers rwor-r1d subrnit that, in the connected rlatter, this Court passecl orders in WP No.175Ol of 2024 dated 13.11 .2024, by following the orders passed in W.P.No.l9719 of 2023 dated O4.I2.2O23 and reqr-rested to p€rss sirnilar orders. 4 The lcarned Assistant Goverrnnet Pleader wor-rld has not disputed the sr-rbrnission rnade by the learned Clounsel for the petitioner and fttrther subrnits that if the petitioner subrnit the subject docurnents before the registering ar-rthorities tLre I I SK,J WP No.2488-2O25 same would be considered and appropriate orders w'ill be passed in accordance w'ith 1aw. 5 In view of the subrnissions rrrade by both sides, this Writ Petition is also disposed of in terrns of the orders passed by this Court in WP No.175Ol of 2024, dated 13.11.2024, directing the Registering Authority to receive the subject document ought to be presented by the petitioner in respect of the subject property and process, register and release the sarne, without reference to the Endorsement, dated 09.12.2C-19 and the letters dated 05.72.2OI9 and 06.ll.2Ol9, subject to the said document complying with the requirernents of the Registration Act, l9O8 and the Indian Stamp Act, 1899, as expeditiously as possible, within a period of four (4) weeks from the date of presentation of the document by the petitioner and comrnunicate the same to the petitioner.

6. Miscellanr:ous applications pending, if any, in this Writ Petition, shall stand closed. SK,J ltu'P No 2488_2O25 / To, //TRUE COPY// SD/.A. SRINIVASA BEDDY ASSISTANT REGISTRAR i\ u'\, SECTION'OFFICER ,/ Y 1 2 3 4 7 8 The Principal Sqcfelary Revenue Department, Secretariat, T.S.,Hyderabad. I he special chief secretary to Government And chief commissioner of the - Land Administration (FAC), Telangana State, office at Nampally, ffyaeraUaO Ihe Commisstoner and Inspector General, (Stamps and R'egistration) Mozamjahi JVlarket. Herza Edtate, Risala Abdulla Colony, Ja;1 B;ghl Hyderabad, Telangana, The District Registrar Nalqonda District The Sub-Registrar. Bhonqir, Yadad ri-Bh uvanaqin District One CC to SRI N. BHUJANGA RAO, Advocaie tOpUCl Two CCs to Gp FOR STAMPS AND REGtSThATtOi{ ,High Court for the State of T-elangana at Hyderabad [OUT] Two CD Copies BM BS ry- \ I I HIGH COURT I DATED:01 10412025 ORDER WP.No.2488 of 2025 \ i'rc S IA, ( i,{o' D 2 2 APfl 2025 'r i I t oFspnt C.Y\ gO * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0n .Lv

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